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Case 4:20-cv-05640-YGR Document 376 Filed 03/19/21 Page 1 of 14

1 PAUL J. RIEHLE (SBN 115199)


paul.riehle@faegredrinker.com
2 FAEGRE DRINKER BIDDLE & REATH
LLP
3 Four Embarcadero Center, 27th Floor
4 San Francisco, CA 94111
Telephone: (415) 591-7500
5 Facsimile: (415) 591-7510

6 CHRISTINE A. VARNEY (pro hac vice)


cvarney@cravath.com
7 KATHERINE B. FORREST (pro hac vice)
kforrest@cravath.com
8 GARY A. BORNSTEIN (pro hac vice)
gbornstein@cravath.com
9 YONATAN EVEN (pro hac vice)
yeven@cravath.com
10 LAUREN A. MOSKOWITZ (pro hac vice)
lmoskowitz@cravath.com
11 M. BRENT BYARS (pro hac vice)
mbyars@cravath.com
12 CRAVATH, SWAINE & MOORE LLP
825 Eighth Avenue
13 New York, New York 10019
14 Telephone: (212) 474-1000
Facsimile: (212) 474-3700
15
Attorneys for Plaintiff and Counter-defendant
16 Epic Games, Inc.

17
UNITED STATES DISTRICT COURT
18
FOR THE NORTHERN DISTRICT OF CALIFORNIA
19
OAKLAND DIVISION
20
21 EPIC GAMES, INC., ) Case No. 4:20-cv-05640-YGR-TSH
)
22
Plaintiff, Counter-defendant, ) EPIC GAMES, INC.’S
) TENTATIVE TRIAL WITNESS LIST
23
v. )
24 ) The Honorable Yvonne Gonzalez Rogers
APPLE INC., )
25 ) Trial: May 3, 2021
26 Defendant, Counterclaimant. )
)
27
28

EPIC GAMES, INC.’S TENTATIVE TRIAL WITNESS LIST


Case No. 4:20-cv-05640-YGR-TSH
Case 4:20-cv-05640-YGR Document 376 Filed 03/19/21 Page 2 of 14

1 Pursuant to Pretrial Order No. 1 (ECF No. 371) and the Court’s Standing Order re: Pretrial
2 Instructions in Civil Cases, Plaintiff and Counter-Defendant Epic Games, Inc. (“Epic”) files its
3 tentative list of trial witnesses, other than for impeachment or additional rebuttal, reserving its
4 rights to supplement or amend its list for good cause or in response to revisions by Apple Inc.
5 (“Apple”) to Apple’s witness list and other pre-trial disclosures. Epic also reserves the right to
6 substitute deposition designations for live testimony, and vice versa, including based on the
7 availability or non-availability of any witness to appear at trial. Attached hereto as Exhibits 1 to
8 18 are the curricula vitae of Epic’s expert witnesses and summaries of their opinions, redacted for
9 information designated by Apple under the Amended Protective Order (ECF No. 274).
10 DATE: March 19, 2021 CRAVATH, SWAINE & MOORE LLP
11 /s/ Katherine B. Forrest
Katherine B. Forrest
12
FAEGRE DRINKER BIDDLE & REATH LLP
13 PAUL J. RIEHLE (SBN 115199)
Four Embarcadero Center, 27th Floor
14 San Francisco, CA 94111
15 Telephone: (415) 591-7500
Facsimile: (415) 591-7510
16 paul.riehle@faegredrinker.com

17 CRAVATH, SWAINE & MOORE LLP


CHRISTINE A. VARNEY (pro hac vice)
18 KATHERINE B. FORREST (pro hac vice)
GARY A. BORNSTEIN (pro hac vice)
19 YONATAN EVEN (pro hac vice)
LAUREN A. MOSKOWITZ (pro hac vice)
20 M. BRENT BYARS (pro hac vice)
825 Eighth Avenue
21 New York, New York 10019
Telephone: (212) 474-1000
22 Facsimile: (212) 474-3700
cvarney@cravath.com
23 kforrest@cravath.com
gbornstein@cravath.com
24 yeven@cravath.com
25 lmoskowitz@cravath.com
mbyars@cravath.com
26
Attorneys for Plaintiff and Counter-defendant
27 Epic Games, Inc.

28

EPIC GAMES, INC.’S TENTATIVE TRIAL WITNESS LIST


Case No. 4:20-cv-05640-YGR-TSH
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Case 4:20-cv-05640-YGR Document 376 Filed 03/19/21 Page 3 of 14

Fact Witnesses
1
2 Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance
Substance of Testimony Length of Length of Length of
3 Direct Cross- Re-Direct
4 Examination Examination Examination

5 Epic Witnesses

6 Steve Allison, Epic Games Store (business) 30 minutes 45 minutes 10 minutes Live, in person
General Manager,
7
Epic Games Store
8
Andrew Grant, Epic’s membership in the Apple 1 hour 30 minutes 10 minutes Live, in person
9 Engineering Fellow* Developer Program; engineering
and development of Epic’s
10 products for various platforms;
11 Epic Direct Payment on iOS

12 Thomas Ko, Senior Epic’s payment processing 30 minutes 1 hour 15 minutes Live, in person
Director, Head of services; Apple’s payment
13 Online Business processing services; Epic Direct
14 Strategy and Payment on iOS
Operations
15
Joseph Kreiner, Vice Epic Games Store (business); 30 minutes 1 hour 20 minutes Live, in person or
16 President of Business Epic’s business relationships may request leave
17 Development with console partners to appear remotely

18 (* Primary witness and not included as precautionary)


19
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EPIC GAMES, INC.’S TENTATIVE WITNESS LIST
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Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance


1
Substance of Testimony Length of Length of Length of
2 Direct Cross- Re-Direct
Examination Examination Examination
3
Tim Sweeney, Epic’s history and business; 4 hours 3 hours 40 minutes Live, in person
4
Founder and Chief Epic’s business discussions with
5 Executive Officer* Apple and Google; Epic Direct
Payment on iOS; App Store
6 policies and practices; Epic’s
marketing and promotional
7
activities; Epic’s efforts to
8 compete in app distribution and
in-app payment processing
9
Matthew Weissinger, Epic’s marketing and 1 hour 1 hour 15 minutes Live, in person
10
Vice President, promotional activities; marketing
11 Marketing* and promotional support services
offered by video game consoles
12 and mobile operating system
providers, including Apple
13
14 Document custodian 1 Admission of business records 5 minutes Live, in person or
and other documents in Epic’s may request leave
15 possession, as necessary to appear
remotely.
16
17
____________________________
18 1
Epic expects that the parties will meet and confer regarding, and potentially stipulate to, the admission of business records and other
19 documents, but Epic reserves its right to call witnesses to support the admission of business records and other documents, if
necessary.
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EPIC GAMES, INC.’S TENTATIVE TRIAL WITNESS LIST
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Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance


1
Substance of Testimony Length of Length of Length of
2 Direct Cross- Re-Direct
Examination Examination Examination
3
Apple Witnesses
4
5 Matt Fischer, Vice App Store business strategy; App 1 hour and 1 hour 30 minutes Live, in person or
President, App Store Store financial performance; 30 minutes by Deposition
6 App Store policies and practices; Designation
Apple’s market power over iOS
7
developers; and/or the subjects
8 of designated testimony

9 Trystan Kosmynka, App Store review policies and 45 minutes 2 hours 30 minutes Live, in person or
Senior Director, App practices; iOS and macOS by Deposition
10 Review engineering, security and privacy Designation
11 issues; and/or the subjects of
designated testimony
12
Michael Schmid, App Store business strategy; App 20 minutes 1 hour 10 minutes Live, in person
13 Head of Games Store policies and practices;
14 Business Apple’s market power over iOS
Development, App developers; differences between
15 Store gaming on mobile and other
platforms; allegations about
16 Epic, including Epic’s
17 relationship with Apple and
other platform providers
18
19
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Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance


1
Substance of Testimony Length of Length of Length of
2 Direct Cross- Re-Direct
Examination Examination Examination
3
Document custodian Admission of business records 5 minutes Live
4
and other documents in Apple’s
5 possession, as necessary

6 Eddy Cue, Senior The subjects of designated 1 hour 2 10 minutes Deposition


Vice President, testimony, which include: lack Designation
7
Internet Software and of competition among mobile
8 Services devices and mobile operating
system software; App Store
9 business strategy; App Store
financial performance; current
10
and historical App Store policies
11 and practices; Apple’s prior
antitrust violations
12
Craig Federighi, The subjects of designated 30 minutes 5 minutes Deposition
13
Senior Vice testimony, which include: iOS Designation
14 President, Software and macOS engineering,
Engineering security, privacy and competition
15 issues; App Store policies and
practices
16
17
18
____________________________
2
19 Epic expects the length of direct examination for witnesses that Epic calls by deposition designation to be cut by approximately
50% to the extent that Epic is not required to play deposition testimony that is simply for the purpose of sponsoring a document.
20
EPIC GAMES, INC.’S TENTATIVE TRIAL WITNESS LIST
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Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance


1
Substance of Testimony Length of Length of Length of
2 Direct Cross- Re-Direct
Examination Examination Examination
3
Scott Forstall, Senior The subjects of designated 1 hour 10 minutes Deposition
4
Vice President, iOS testimony, which include: iOS Designation
5 Software (former) and macOS engineering,
security, privacy and competition
6 issues; historical App Store
policies and practices; Apple’s
7
in-app purchasing function
8
Eric Friedman, Head The subjects of designated 30 minutes 5 minutes Deposition
9 of Fraud Engineering, testimony, which include: App Designation
Algorithms, and Risk Store review process; fraud and
10
other abuse in Apple’s
11 ecosystem

12 Eric Gray, Director, The subjects of designated 45 minutes 5 minutes Deposition


Commerce, testimony, which include: Designation
13
Subscriptions & inefficiencies and lack of
14 Pricing integration of Apple’s payment
processing services; app pricing
15 and inelasticity of demand; fraud
and other abuse in Apple’s
16
ecosystem
17
18
19
20
EPIC GAMES, INC.’S TENTATIVE TRIAL WITNESS LIST
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Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance


1
Substance of Testimony Length of Length of Length of
2 Direct Cross- Re-Direct
Examination Examination Examination
3
C.K. Haun, Senior The subjects of designated 45 minutes 5 minutes Deposition
4
Director, Developer testimony, which include: App Designation
5 Technical Services Store review policies and
practices; iOS and macOS
6 engineering, security and privacy
issues
7
8 Ron Okamoto, Vice The subjects of designated 15 minutes 5 minutes Deposition
President, Worldwide testimony, which include: Designation
9 Developer Relations benefits Apple receives from
(former) other software developers,
10
including Epic; Apple’s market
11 power over iOS developers

12 Carson Oliver, The subjects of designated 10 minutes 5 minutes Deposition


Director of Business testimony, which include: App Designation
13
Management, App Store policies and practices;
14 Store Apple’s market power over iOS
developers
15
Shaan Pruden, Senior The subjects of designated 15 minutes 5 minutes Deposition
16 Director of testimony, which include: Designation
17 Partnership benefits that Apple receives from
Management and other software developers,
18 Worldwide Developer including Epic
Relations
19
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Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance


1
Substance of Testimony Length of Length of Length of
2 Direct Cross- Re-Direct
Examination Examination Examination
3
Mark Rollins, The subjects of designated 10 minutes Deposition
4
Finance Manager testimony, which include: Apple Designation
5 financials; App Store profit and
loss statements
6
Phillip Shoemaker, The subjects of designated 45 minutes Deposition
7
Technology Director, testimony, which include: Designation
8 App Review (former) historical App Store review
policies and practices
9
Third-Party Witnesses
10
11 Vivek Sharma, Vice App distribution; Apple 45 minutes 1 hour 15 minutes Mr. Sharma is
President, Gaming, restrictions on iOS app expected to request
12 Facebook, Inc.* distribution; App Store review to appear
process; interactions with Apple remotely.
13
14 Lori Wright, Vice Distribution of software; Xbox 90 minutes 1.5 hour 20 minutes Intends to appear
President, Xbox video game console business and live and in person,
15 Business operations; Xbox cloud gaming, but may request
Development, including xCloud and Game leave to appear
16 Microsoft Pass; interactions with Apple remotely.
17 Corporation*

18
19
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Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance


1
Substance of Testimony Length of Length of Length of
2 Direct Cross- Re-Direct
Examination Examination Examination
3
Benjamin Simon, App distribution; participation in 45 minutes 30 minutes 10 minutes Intends to appear
4
Founder and Chief the Apple Developer Program; live and in person,
5 Executive Officer, App Store review process; but may request
Yoga Buddhi Co.* interactions with Apple leave to appear
6 remotely.
7
Shelley Gould, App distribution; participation in 30 minutes 30 minutes 10 minutes Intends to appear
8 President, Co- the Apple Developer Program; live and in person,
Founder, Neuro-Fin App Store review process; but may request
9 Inc. d/b/a interactions with Apple leave to appear
SmartStops* remotely.
10
11
Aashish Patel, App distribution; Nvidia’s 45 minutes 45 minutes 10 minutes Live or by
12 Director of Product GeForce Now service and Deposition
Management, business model; differences Designation. If
13
Nvidia Corporation* between streamed apps and appearing live,
14 locally hosted apps; differences Mr. Patel may
between native apps and web request leave to
15 apps; App Store review process; appear remotely. 3
interactions with Apple; and/or
16
____________________________
17 3
Mr. Patel confirmed at his deposition that he is within the Court’s trial subpoena power and, therefore, is available to testify live,
making deposition designations inadmissible absent stipulation of the parties, given Mr. Patel’s status as a third party. Epic is willing
18
to meet and confer with Apple regarding the parties potentially stipulating to the presentation of Mr. Patel’s testimony by
19 designation. For the avoidance of doubt, Epic reserves the right to call Mr. Patel live and to object to Apple’s introduction of
designations from Mr. Patel’s deposition in the event the parties cannot reach such an agreement.
20
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Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance


1
Substance of Testimony Length of Length of Length of
2 Direct Cross- Re-Direct
Examination Examination Examination
3
the subjects of designated
4
testimony
5
Adrian Ong, Senior The subjects of designated 45 minutes 5 minutes Deposition
6 Vice President of testimony, which include: App Designation
Operations, Match distribution; participation in the
7
Group* Apple Developer Program; App
8 Store review process;
interactions with Apple;
9 differences between native apps
and web experiences; Match
10
Group’s payment processing
11 capabilities; effects of Apple’s
30% fee on Match Group and its
12 users; user acquisition
13
14
15
16
17
18
19
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Expert Witnesses
1
2
Witness Summary of Theory and Estimated Estimated Estimated Appearance
3 Conclusions and Bases Length of Length of Length of Re-
Therefor and CV Direct Cross- Direct
4 Examination Examination Examination
5
Susan Athey, See expert disclosure served 1 hour / 1.5 hours 30 minutes Live, in person
6 Economics of February 16, 2021
Technology Professor, 40 minutes
7 Stanford University (with potential
Graduate School of written direct)
8
Business*
9
Ned S. Barnes, See expert disclosure served 30 minutes / 1 hour 20 minutes Live, in person
10 Managing Director, February 16, 2021
Berkeley Research 15 minutes
11 (with potential
Group*
12 written direct)

13 Michael I. Cragg, See expert disclosure served 1 hour and 30 1 hour 20 minutes Live, in person
Principal and Chairman, March 15, 2021 minutes /
14 The Brattle Group*
1 hour (with
15
potential written
16 direct)
17
18
19
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Witness Summary of Theory and Estimated Estimated Estimated Appearance


1
Conclusions and Bases Length of Length of Length of Re-
2 Therefor and CV Direct Cross- Direct
Examination Examination Examination
3
David Evans, Chairman, See expert disclosures served 5 hours / 4.5 hours 1 hour Live, in person
4
Global Economics February 16, 2021 and
5 Group* March 15, 2021 3 hours (with
potential written
6 direct)
7 Wenke Lee, Chair, See expert disclosures served 1 hour / 1 hour 20 minutes Live, in person
8 College of Computing, February 16, 2021 and
Georgia Institute of March 15, 2021 30 minutes
9 Technology* (with potential
written direct)
10
Nancy A. Mathiowetz, See expert disclosure served 40 minutes / 1 hour 20 minutes Live, in person
11
Professor Emerita, March 15, 2021
12 Department of 20 minutes
Sociology, the (with potential
13 University of written direct)
Wisconsin-Milwaukee*
14
15 James Mickens, See expert disclosure served 1 hour 30 1 hour 20 minutes Intends to appear
Professor of Computer February 16, 2021 minutes / live and in
16 Science, Harvard person, but may
University* 1 hour 30 request leave to
17 minutes (with appear remotely.
18 potential written
direct)
19
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Witness Summary of Theory and Estimated Estimated Estimated Appearance


1
Conclusions and Bases Length of Length of Length of Re-
2 Therefor and CV Direct Cross- Direct
Examination Examination Examination
3
Peter E. Rossi, Professor See expert disclosure served 40 minutes / 1 hour 20 minutes Live, in person
4
of Marketing, February 16, 2021
5 Economics and 15 minutes
Statistics, UCLA* (with potential
6 written direct)
7
8
9
10
11
12
13
14
15
16
17
18
19
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